HomeMy WebLinkAbout; Aviara Land Associates; 1993-0766574; Affordable Housing Agreement/Release8359 0 .4- . '"3 5q 37-15 . City Manager
*. 'pity pf Carlsbad 1200 Carlsbad Village Drive
Car1sbad' CA 92008 ASSIGNMENT AND OPTION AGREEMENT (Short Form)
THIS ASSIGNMENT AND OPTION AGREEMENT (Short Form)
(the *vAgreement") is entered into as of October 028, 1993
( "Effective Date!') , by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ("Aviara and the CITY OF CARLSBAD, a municipal corporation (rtCitylr),
with reference to the following facts:
A. Aviara and City have entered into that certai
Assignment and Option Agreement dated as of October 28, 1993
whereby Aviara assigned to City, and City assumed, the right title and interest of Aviara as Buyer under that certain Opt Agreement dated June 1, 1992 (the IIOption Agreement") with B
of America as Trustee for the benefit of the Bressi Trust u/
June 2, 1988 (81Trusteet1), to acquire certain real property
described with particularity therein and sometimes referred
as the "Little Bressill site ("Bressi Property"), a legal
description of which is attached hereto as Exhibit trA.Ir
Under the terms of said Assignment and Option
Agreement, City's title to the Bressi Property is subject to
certain exclusive rights of Aviara (i) to acquire a real est;
interest in the property, either in fee or by lease, to deve: an affordable housing project within a period of eighteen
months after the Effective Date of such agreement, and (ii) .
exclusive option of Aviara to purchase the Bressi Property f' City in the event that such affordable housing project is no.
timely commenced.
It is intended by the parties that this Agreement 1 recorded to give record notice of the matters hereinabove se'
forth.
IN WITNESS WHEREOF, the parties hereto have execute this Agreement as of the date first set forth above.
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
By Aviara Lan pany, a Delaware corporation, General
e ublic Deve pment Company, a California corporation, By % Pzrt,er
BY
[HILLMAN/BRE
CCRB-46
:
N\A003520F.DB6
102793
-1-
0 0 .7
I 6360
CITY OF CARLSBAD,
a Municipal corporation
PRO D AS TO FORM: aQ.L Ronald R. Ball,
City Attorney /qq93 *
.ATTEST:
City Clerk
N\A003520F.D86 [HI LLMAN/BRE!
102793 [CRB-4&
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e 6361 e *P
a.1
1 ) ss.
1
State of California
County of San Diego
On October 28, 1993 ~ before me, Randee Harlib a notary public in and for said state, personally appeared
D. I,. Clemens ----xm provec me on the basis of satisfactory evidence) to be the person(: whose name(=) is/- subscribed to the within instrument an( acknowledged to me that he/x&qd%hqxexecuted the same in
his/hax$$Bakx authorized capacity(-, and that by
his/Bax$$Ba&r signature(=) on the instrument the personw) <
the entity upon behalf of which the person@) acted, executc
the instruments.
WITNESS my hand and offic'
Signature * (Seal
1 ) ss.
1
State of California
County of San Diego
On October 28, 1993 , befor- me, Randee Harlib a notary public in and for said state, personally appeared
Raymond R. Patchett personally known to me @WxFS6W5
raaxaPraxkbxf~ to be the person( whose name (s) is/--zithin instrument an
acknowledged to me that he/&q&Aqxexecuted the same in
his/hxgkbx&r authorized capacity(*, and that by
his/wkhe&r signaturem on the instrument the personTe5) the entity upon behalf of which the person(=) acted, execut
the instruments.
WITNESS my ha d and officia
Signature ka (Sea
CHI LLMAN/E N\A003520F.DB6
102793 ICRB-
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F '( / I
I 0. ** 11362
L '-
I . *I-
ORDER NO.
LEGAL DESCRIPTION
THE LAND REFERRED To HEREIN IS SITUATED IN !I%E STATE OF CA
COUNTY O? SAN DIECC), AND IS DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL HIIP NO.
RECORDER OP: SAN DIEGO COUNTY, DECmER 208 1972, BEING A DS
1188, IN THE COUNTY OF SAN DIEGO, CALIFORNIA, ACCORDING TO MP THEREOF FILED IN THE OFFICE (
A PORTION OF U)T A OF RANCHO AGUA HEDIONDA, IN THE COUNT
IN TKE OFFICE OF COUNTY RECORDER OF SM DSEGO COUNTY, AND ,
OP SECTIONS 25 AND 26, AND FRACTIONAL SECTIONS 23 AND 24, fN
12 SOUTH, RANGE 4 WEST, SW BERNARDINO BASE AND MERIDIAN,
DIECO, STATE OP CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8
TO OFFICIAL PLAT THEREOF.
EXCEPTING TWEREFROM, THAT PORTION OF COUNTY ROAD SURVEY NO
AS GWED TOTHE COVNTY OF SAN DIEGO BY DEED RECORDED JULY
8 - 2; i" ;I; qlp I; I -0 $-e E &Gu& g a ?-$&
y c-;+r!Q--$ "'I33 - .-E - 4. i
4; s l,a]j
EXHIBIT A
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Car&bad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attention: City Clerk
1994-#~~4?~3 17-PldY-1994 09=33 m
42 OFFICIAL RECORDS SClH DIE60 COUHTY RECORDER’S OFFICE GREGORY SISITH 3 kBJ;T’ RECORDER : 5.55
(Space above this line for Recorder's use only)
OPTION SUBORDINATION AGREEMENT (AVIARA OPTIONS TO BRIDGE OPTION)
NOTICE: THIS OPTION SUBORDINATION AGREEMENT RESULTS IN YOUR OPTION INTERESTS IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF ANOTHER OPTION INTEREST.
THIS SUBORDINATION AGREEMENT (the "Agreementtl) is entered into as of this 13 day of April, 1994, by and between the City of Carlsbad, a municipal corporation (the "Citytl), BRIDGE Housing Corporation, a California nonprofit public benefit corporation ("BRIDGE") , and Aviara Land Associates Limited Partnership, a Delaware Limited Partnership (tlAviaral')
RECITALS
A. The City owns certain real property located in the City of Carlsbad, County of San Diego, which property is specifically described in Exhibit A attached hereto and incorporated herein (the tlProperty'l).
B. The City and Aviara have entered into an Assignment and Option Agreement dated as of October 28, 1993 (the "Aviara Option Agreement"), granting Aviara two options to purchase or lease the Property (collectively, the "Aviara Optionstl). A memorandum of the Aviara Option Agreement was recorded on November 15, 1993 as File No. 1993-0766574 in the Official Records of the County of San Diego (the "Memorandum of Aviara Optionsl').
14426QP50 1
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C. City and BRIDGE have entered into an Option to Lease Agreement dated as of April 13, 1994 (the "BRIDGE Option Agreement"), granting BRIDGE an option to lease the Property (the "BRIDGE Optionll). A memorandum of the BRIDGE 0 was recorded on S-17-9 1994 as File No. 6 tion Agreement q’O3447d’7 in the Official Records of the County of San Diego (the lVMemorandum of BRIDGE Option").
D. The City agreed to enter into the BRIDGE Option Agreement on the condition that Aviara consent to the BRIDGE Option and that Aviara agree that the BRIDGE Option is a lien, claim, charge, covenant or condition upon the Project prior and superior to the Aviara Options.
E. Aviara is willing to subordinate the Aviara Options to the BRIDGE Option on condition that BRIDGE and the City agree to be bound by the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, it is hereby declared, understood, and agreed as follows:
1. Consent to BRIDGE Option Agreement. Aviara hereby consents to the execution of the BRIDGE Option Agreement by the City and BRIDGE and agrees that the execution by the City of the BRIDGE Option Agreement and the granting by the City of the BRIDGE Option shall not constitute a default or breach by the City under the Aviara Option Agreement.
2. Subordination of Aviara Options.
a. The BRIDGE Option, BRIDGE Option Agreement and the Memorandum of BRIDGE Option Agreement, and any and all amendments, modifications, or extensions thereunder (collectively, the "BRIDGE Option and Documentst'), shall unconditionally be and remain at all times liens, claims, charges, covenants or conditions on the Property prior and superior to the Aviara Options, Aviara Option Agreement, and Memorandum of Aviara Option (collectively, the "Aviara Options and Documents") and to all rights and privileges of Aviara thereunder; and the Aviara Options and Documents together with all rights and privileges of Aviara thereunder are hereby irrevocably and unconditionally subject and made subordinate to the liens, claims, charges,
14426Q.PSO 2
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covenants or conditions of the BRIDGE Option and Documents.
b. This Agreement shall be the whole and only agreement with regard to the subordination of the Aviara Options and Documents together with all rights and privileges of Aviara thereunder, to the liens, claims, charges, covenants and conditions of the BRIDGE Option and Documents, and this Agreement shall supersede and cancel any prior agreements to subordinate the claims, liens, charges, covenants or conditions of the Aviara Options and Documents to the BRIDGE Option and Documents.
3. Covenants Regarding Exercise of BRIDGE Option. The City and BRIDGE covenant and agree that the BRIDGE Option may be exercised and the City may honor the exercise only if each of the following conditions are satisfied, and acknowledge that Aviara would not agree to enter into this Agreement but for the following conditions to the exercise of the BRIDGE Option:
a. BRIDGE has obtained from the California Tax Credit Allocation Committee a preliminary tax credit reservation in the annual amount of at least Three Million Two Hundred Thousand Dollars ($3,200,000) for a low income housing development to be constructed on the Property, a copy of which preliminary reservation shall be submitted to the City.
b. BRIDGE has obtained a construction loan commitment for the Development in the amount of at least Twenty-Six Million Dollars ($26,000,000), a copy of which shall be submitted to the City, and a tax credit investor commitment letter in the amount of at least Eighteen Million Nine Hundred Thousand Dollars ($18,900,000), a copy of which shall be submitted to the City.
C. BRIDGE or an entity controlled by BRIDGE has entered into a limited partnership (the "Partnership") as a co-general partner with an entity of which Aviara is limited partner of the other general partner. A copy of the limited partnership agreement of the Partnership shall be submitted to the City as evidence of the formation of the Partnership.
14426Q.P50 3
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d. BRIDGE has assigned the BRIDGE Option to the Partnership and a copy of the assignment agreement has been submitted to the City.
4. Covenants Resardino Exercise of Aviara Options. Aviara covenants and agrees that it shall not exercise either of the Aviara Options prior to termination of the BRIDGE Option. In the event that BRIDGE fails to exercise the BRIDGE Option prior to the date of its expiration or earlier termination, BRIDGE agrees to execute a quitclaim deed to the City and/or to Aviara quitclaiming BRIDGE'S option interest in the Property. BRIDGE, the City, and Aviara hereby agree that nothing in this Agreement shall be construed as a relinquishment by Aviara of its option to purchase or lease the Property pursuant to Sections 5.1 and 5.2 of the Aviara Option Agreement or its option to purchase the Property pursuant to Section 5.3 of the Aviara Option Agreement.
5. Amendment of BRIDGE Option. BRIDGE and the City shall not modify or amend the BRIDGE Option Agreement, or extend the term thereof, without the prior written consent of Aviara.
6. Aviara Consent. BRIDGE shall not exercise its rights to enter the Property pursuant to Section 6 of the BRIDGE Option Agreement without the prior written consent of Aviara to such entry and to BRIDGE's activities on the Property. In addition, BRIDGE shall not assign its rights under this Agreement or the BRIDGE Option Agreement without the prior written consent of Aviara.
7. Successors and Assiqns. This Agreement shall be binding on and inure to the benefit of the legal representatives, heirs, successors and assigns of the parties.
8. California Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
9. Attorneys Fees. In the event that any party to this Agreement brings an action to interpret or enforce its rights under this Agreement, the prevailing party in such action shall be entitled to recover its costs and reasonable attorneys' fees as awarded by the court in such action.
10. Counterparts. This Agreement may be signed by different parties hereto in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the 13 day of April, 1994.
14426Q.1'50 4
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BRIDGE H%sing Korporation
By: I/ Its: - \ ItI 1 c I' - Vwhd!!f
Aviara Land Associates Limited Partnership, a Delaware limited partnership
\ By: Its: V'Ct (?&"&qf
:r:~&lya,
City Attorney ' l l
14426Q.P50 5
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STATE OF CALIFORNI
COUNTY OF
bacic of sa&+%sGory evidence) to be the person-@+ whose name@) is/-subscribed to the within instrument-and acknowledged to-me that he/ skeftfrey executed the same in his/heq%h&r authorized capacity-), and that by his/he-r++eir signature@) on the instrument the person or the entity upon behalf of which the person(s) acted, executed the instrument.
STATE OF CALIFORNI
S&& As COUNTY OF SAN FR 0 )
/ 3 I 1994, before me, I personally at, c IQ/+i\S , personally known to me (or ~;~roved io me o'n fho basic of sat;swry c:rid-ence) to be the person@) whose name@) is/m subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/her+the ir authorized capacity(ies), and that by his/w signature(s) on the instrument the person@) or the entity upon behalf of which the person@) acted, executed the instrument.
WITNESS my hand and official seal.
14426Q.1'50 6
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47
STATE OF CALIFORNIA
;ss . COUNTY OF SAN FRANCISCO )
On R F-t , 1994, before me, do&MO \1, personally appeared af/J\ fd\ personally known to me (or'proved to me on the basis of satisfactohy evidence) to be the person&@ whose namep) is-subscribed to the within instrument and acknowledged to me that h-e/she/+&y executed the same in +&s/her/W authorized capacity(je5), and that by %/her/+-h-&r signature(#) on the instrument the person@') or the entity upon behalf of which the person0 acted, executed the instr
14426QP50 7
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.c
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48
EXHI'BIT A
PROPERTY DESCRIPTION
PARCEL 2 OF PARCEL MAP NO. 1188, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 1972, BEING A DIVISION OF
A PORTION OF LOT A OF RANCH0 AGUA HEDIONDA, PN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AND A PORTION
OF SECTIONS 25 AND 26, AND FRACTIONAL SECTIONS 23 AND 24, IN TOWNSHIP 32 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE MD MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM, THAT PORTION OF COUNTY ROAD SURVEY NO. 1800-1, AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED JULY 24, 1970.
.
RECORDING REQUESTED BY
k # l~~~-~~~~~~~ ! 17-6AY-1994 09=33 nF3
OFFICf AL RECORDS SAN DIEGij COUNTY RECORDER’S OFFICE
36 6REGORY SMTH, COUNTY RECORDER FEES: 0.00
AND WHEN RECORDED MAIL TO:
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attention: City Clerk
MEMORANDUM OF OPTION
DATED: April 13, 1994
BETWEEN City: City of Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attention: City Manager
AND OPTIONEE: BRIDGE Housing Corporation 82 Second Street, Suite 200 San Francisco, CA 94105 Attention: Ben Golvin
ACC gJ’p u LY
The City has entered into that certain Option to Lease with the Optionee, dated as of April 13, 1994 (the "Option Agreement"), in which the City has granted to the Optionee the option (the llOptionll) to lease certain real property owned by the City situated in the City of Carlsbad County of San Diego, State of California, described in the attached Exhibit A, (the lqPropertyll).
By the execution and recording of this Memorandum of Option, the City and the Optionee desire to give notice to the public of the granting of the Option to the Optionee.
The names and addresses of the City and the Optionee are as set forth in the first paragraph of this Memorandum.
The Property covered by this Memorandum of Option is that real property described on the attached Exhibit A.
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37
The terms of the Option and rights and obligations of the parties are set forth in full in the Option Agreement between the City and the Optionee described above, the provisions of which are incorporated in this Memorandum by this reference. Nothing in this Memorandum shall constitute or shall be construed as constituting an amendment, revision, or modification to the Option Agreement, or the respective rights or obligations of the parties under the Option Agreement.
This Memorandum of Option may be executed simultaneously or in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document.
IN WITNESS WHEREOF, this Memorandum of Option has been duly executed as of the day and year first above written.
CITY: OPTIONEE:
City of Carlsbad BRIDGE Housing Corporation
%Y&.R l?ikeGL
City Attorney
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38 No. 5907
State of m i R
County of San Diego
On April 13, 1994 before me, Randee Harlib, Notary Public' ,
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC”
personallyappeared Raymond R. Patchett -------------------------- ,
NAME(S) OF SIGNER(S)
Tiz] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name&@ is/a
subscribed to the within instrument and ac-
knowledged to me that he&&Me executed
the same in his/4WWWW6 authorized
capacity(d), and that by his/h&&&r
signature@) on the instrument the person@,
or the entity upon behalf of which the
person($ acted, executed the instrument.
c hand&FM& seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
q INDIVIDUAL q CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
8 ;3;t;lAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
39
STATE OF CALIFORNIA 1 )ss COUNTY OF SAN FRANCISCO )
On fhX'$! \d- , 19% before me, \I\OQfifih J. 64 personally \ appeared('J&o\&MV1)GQ, personally known to me (or pr&ed to me the basis of satisf&tory evidence) to be the person(&) whose on
name($) is/w subscribed to the within instrument and acknowledged to me that kejshe/&h-ey executed the same in kCsjher/w authorized capacity(ieS), and that by M/her/&he&r signaturew on the instrument the person($) or the entity upon behalf of which the person(@ acted, executed the instrument.
WITNESS mv hand and off/acial -- .‘ . seal.
STATE
COUNTY
On person proved
OF CALIFOR
OF SAN FR
Ially appea to me on
.NIA 1 )ss ANCISCO )
., 1994, before me, red the basis of sati;f
~+.Tc:. J . . . ‘:I’,: -&ifornio
6.
Mv Comm. Expires SEP
personally known to me (or 'actory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
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. 40
EXHI'BIT A
PROPERTY.DESCRIPTION
PARCEL 2 OF PARCEL MAP NO. 1188, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF FIIiED IN THE OFFICE OF COUN’n! RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 1972, BEING A DIVISION OF
A PORTION OF LOT A OF RANCH0 AGUA BEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AND A PORTIOis
OF SECTIONS 25 AND 26, AND FRACTIONAL SECTIONS 23 AND 24, IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PIAT THEREOF.
EXCEPTING THEREFROM, THAT PORTION OF COUNTY ROAD SURVEY NO. 1800-1, AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED JULY 24, 1970.
~f=py+ -;;‘TSf-fj OF jj’IRSI@ %tlBI=@ @ttm . . ^-T-r 2 i . ! : r ;SN MA.Y#-fWG cpi!%?t ??i!
. .:<ecording Requested by and 1 ‘When Recorded Return to: ) iwwb-~~ . CITY CLERK
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
i
; 1150
1999-0201272
DOG Y 1998-0201272
CSPR 09, 1998 4:34 PM
UTICIAL REm SAN DIEGO tWTY RECORDER’S OFFICE GREGORY g1TH9 MyYJlEca?DER : .
Space above this line for Recorder’s use
Assessor’s Parcel No. 2 15-020- 15
Assessor’s Parcel No. 2 15-02 1-O 1
AMENDMENT TO MEMORANDUM OF OPTION
NOTICE IS HEREBY GIVEN that the Memorandum of Option between the City of Carlsbad
and Optionee, Bridge Housing Corporation, recorded on May 17, 1994, as Document No. 1994-
. 0324707, and subsequently assigned to La Terraza Associates pursuant to that Assignment and
Assumption of Option recorded November 4, 1994, as Document No. 1994-0645095, is hereby
amended as follows:
The property owned by this Memorandum is that real property described on the attached Exhibit
“A”, Parcel No. 215-020-l 5. The reason for this amendment is a lot split of Parcel No. 2 15-020-
15 for its development. Parcel No. 215-021-01 is not intended to be included in this Agreement.
A legal description of Parcel No. 215-021-01 is attached as Exhibit “B”.
DATED 3/23/Q g
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
CITY OF CARLSBAD
By:
Deputy City Attorney
By:
MARTIN ORENYAKY
Community Development Director
LA TERRAZA ASSOCIATES, a California
Limited Partnershiu
By: fi&) G/d
CAROL Gk,A&E, President
.* * . I e. . ,,
f 1 .
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,
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1151
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1194
EXEXBI~ "A" (cartiiiaato of coapliaaae, mruol 1) C.B. 659, M.8. 93-07
All that portion of Parcel 2 of Parcel Hap 1188, recorded: December 20, 1972, as Pile No. 340334, being a portion of Practional Section 23, Township 12 SOW-~, Range 4 West, San Bernardino Heridian, being withtn the City of Carlebad, County of San Diego, State of California, being mote partfcularly described as follows:
7
. !'
i
1;
t! C. I' ,. Beginnl.ng at the northwest corner of said parcel; thanca easterly
_ .
along the northerly line of said parcel, South 89'26'14" East, 1347.93 feet (record2 South 89'27a42w East, 1347.93 PM X188), to the noztheast corner of said Parcel 2; thence southerly almg the easterly line of said parcel, South 6*33@08" West, 6.99' (record: south 0'33'17" weet, PM 1188), to a line being 45.00 feet westerly and parallel with the centerline of El Can&o Real as shorn on Road Suntey 1800-i; th8nce southerly aud parallel with said enterZine, South 37*03*37* West, 293.58 feet (teaord: South 37.0 '5V West, 1 Ra. 1800-l), to the beginning of a tangent 1545.06 foot radius ouzy(I* concave southeasterly, thence southwesterly along the arc of uaid cume, through a central angle of 24*37'58", a distance af 664.24 Seat, to an interSectiC+Ja with the southerly line of the above described Parcel 3: thence westerly along said eoutherly line, North 89’32’21” West, 903.35 feet [record: No+U, 89'32*01~ vast, PI4 1188), to the southwes9z comer of Etaid Parcel 2r thence northerly along the westerly line of said Parcel 2, North 0*33'53" Ewt, 845.89 feet (record: North 0'34'26" East, P24 1188), to the point of beginriing.
1:. $2
r 1 1 . . ?I I: 3; +. . . i .* I .!
- - -
ii
This parcel cantains: 21.04 Bcres >G
23
A- .(
I”
%;q’ ” r
f.. ’ ,
blheet 1 of f
* .’ * * *. .
“, *-. . . 1152 ‘. ;
. EXHIBIT “B”
LEGAL DESCRIPllON - INS. 93-o?
All that portion of Parcel 2 of Parcel Map 1188, recorded: December 20, 1972, as
Fife No. 340334, being a portion of fractional Section 23, Township 12 South, Range 4
West, San Bernardino Meridian, being within the City of Cartsbad, County of San Diego,
State of California, being more particularly described as follows:
beginning at the southeast comer of th8 above described Pafc8l 2; th8nce nofth8rly
along the easterfy line of said ,Parcel2, North O”33’08” East, 685.23 feet (record: North
O”33’17” East, ,P@JJ88), to an jnters8ction with a line being 45.00 feet easterly and
.-. pardlel to the $xMedk+ of El Camino Real, as shown on Road Survey 1800-l; thence
southerly along said sideline, south 37003’37” West, 171.99 feet, to the beginning of a
,.,-,:,, tangent 1455.09 foot radius cynm, concave southeasterly, thence southwesterfy along
;: L” the arc of said curve, through ai central angle of 23O52’51”, a distance of 606.44 feet, to
.< . . an intersection with the southerly line of said Parcel 2; thence easterly along said - . .
~. ,Ir.-, southerly line, South 89032’21’ East, 352.54 feet, (record: South 89032’01” East, ’
.1. 7-1: . c PlM:lJ 88): to thq southq@,,~,qew of said Parcel 2, also being the point of beginning. : ;
‘. Tnis parcel contains: 3.31 acms
: ;. : -7’ I_ 5 .I .,I, 1 c .1
State of California )
) County of San Diego )
On March 23, 1998 before me, Ronna S. Stickrod. Notarv Public , personally
appeared Martin Orenvak , personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the
person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
Title or Type of Document Amendment to Memorandum of Ootion; A.P.N. 215-
020-15 and 215-021-01
Date of Document March 23. 1998 No. of Pages 1
Signer(s) other than named above Carol Galante, President La Terraza Assoc.
. . C,AiIF'ORNIA ALL-PURPC=EACKNOWLEDGMENT - 'j -, ., _.. _.; ., _,%_. , . - LF : -. ~. *. .?. '. '. '. . . .:. *s ;\;.;r -,.-_, ~ ..,. ,,\. _._ ~ -.., .T...\. _,. c'.., .'. 2. .:. '. .%. '.-. *. . . ..I -._. ._~,.,. . . , . . . ..,:_,\_,. i ,,._. _. . . . 'L . .L . 'x 1 .L ..'* ~. ..I< ..\ '..\ . . ., __f. _.
.. State of CALIFORNIA 1154
County of SAN FRANC I SC0
On March 9. 1998 before me, LAURA E. DINGLER f Date Name and Title of Officer (e.g.. ‘Jane Doe, Notary Public”)
personally appeared CAROL GALANTE
Name(s) of Signer(s)
upersonally known to me
C proved to me on the basis of satisfactory evidence
to be the person@) whose name(&) is&Wsubscribed to the
within instrument and acknowledged to me that&&/she/ti193f
executed the same in HWher/?Wfr authorized capacity(W),
and that by %iWher/%W signature(g) on the instrument the
person@), or the entity upon behalf of which the person&)
acted, executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached hCUm8nt
Title or Type of Document: hO”-3/W--- 72 flW~K/F/\p6 ti- (3~ opnor/ - CP/zt/B& /
L&J rE&iQ#Z& ALrUE.
Document Date: phI/E/M&E~ 4, /9 Y 4 I Number of Pages:
Signer(s) Other Than Named Above: ~OIV%& /z PALL / dd flE Mo/3,+d/
Capacity(ies) Claimed by Signer(s)
Signer’s Name: CA&L GALpn/G
C Individual
tiorporate Officer
Title(s): p/zrs /&c~r
Cl Partner - 0 Limited q General
Cl Attorney-in-Fact
C Trustee
0 Guardian or Conservator
Q Other:
Signer Is Representing:
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Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited El General
0 Attorney-in-Fact
Cl Trustee
C Guardian or Conservator
0 Other:
Signer Is Representing:
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0 1998 Natianal Notary Association * 8236 Remmet Ave.. PO. Box 7184 l Cancga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free l-600-676-6827
V IITE IT - DON’T SAY - ‘!
Date June 4 19 98
To File 0 Reply Wanted
From Sherrie Worrell, Deputy City Clerk ONo Reply Necessary
Copies of this document were forwarded to Michelle Masterson in Engineering
and Barbara Nedros in Community Development for their records.
l RINTLLJ IN “,I